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In Arbitrability

New rule on the Brazilian privatization program provides for arbitration

by and 2 Mins Read

Today the Brazilian Federal Government issued the Provisional Measure 752/2016, with new rules for extending the term of some concessions of railways, highways and airports, in consideration for additional investments. Those rules also apply to termination of certain supposedly problematic concessions, which will be subject to new bids to replace the service provider. Those rules were issued in the context of the new Brazilian privatization program (Programa de Parcerias de Investimentos – PPI) implemented by…

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In Arbitration Procedure

The Vanishing Trial & the 30-70 %-Disease – Why Both Matter for Arbitration Practitioners

by 5 Mins Read

This article is about two phenomena which currently impact the business of dispute resolution: The Vanishing Trial and the 30-70 %-Disease. What lies behind those two catch-words and why are both highly relevant for arbitration practitioners? Here is the proposed answer: The Vanishing Trial has been a long established phenomenon in the United States where the number of actually tried cases has been falling sharply for decades. Now, this trend is spotted in Germany as…

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In Arbitration Agreements

Brazil: Validity of an arbitration clause providing for “mediation or arbitration”

by , , and 4 Mins Read

On 16 December 2015, the Brazilian Superior Court of Justice rendered a decision, published on 22 February 2016, which put an end to a protracted dispute over the validity of an arbitration clause providing alternatively for “arbitration or mediation.” The dispute involved the holding companies of the Odebrecht and the Gradin families, respectively named Kieppe and Graal. Those are the main shareholders of Odebrecht, one of Brazil’s largest conglomerates. The former is the majority shareholder…

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In Asia-Pacific

„Investment: Arbitration!“ or Why International Arbitrations Promise a Solid Return of Investment

by and 6 Mins Read

“Investment arbitration” is a hot topic not only but also because the Europeans refuse to accept the respective dispute resolution mechanism in the TTIP-discussions with the United States of America. In this context, arbitration is a means to protect a past investment against undue influence exercised by the host state. However, a slight change of the term “Investment Arbitration” into “Investment: Arbitration!” gives rise to a different discussion. The term then indicates that an arbitration…

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